HomeMy WebLinkAboutMINUTES - 12162008 - C.18 >l
TO: BOARD OF SUPERVISORS Contra
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR ' Costa
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DATE: December 16, 2008 County
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SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance,
for Subdivision 05-08943,Danville area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/ accepting completion of warranty period and release of cash deposit for
faithful performance, for Subdivision 05-08943, for project being developed by Shapell Homes, a Division of
Shapell Industries, Inc., a Delaware Corp., as recommended by the Public Works Director, Danville area.
(District III)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The improvements have met the guarantee performance standards for the warranty period following completion
and acceptance of improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The developer will not receive a refund of their cash deposit, the Subdivision Agreement and the
performance/maintenance surety bond will not be exoner ted.
41
Continued on Attachment: SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
,>5rAPPROVE _OTHER
SIGNATURES :
ACTION OF BOARD ON eC-40 A PROVED AS RECO MENDED OTHER
VOT�OF SUPERVISORS I hereby certify that this is a true and correct
yv�' UNANIMOUS(ABSENT btt9t� ) S' S'
AYES: NOES: copy of an action taken and entered on the
ABSENT: ABSTAIN: minutes of the Board of Supervisors on the
BB:jc date shown.
G:\EngSvc\BO\2008\12-16\SD 05-08943 BO-60 FORM.docx
Originator: Public Works(ES)
Contact: J.LaRocque(313-2315)
cc: Public Works -M.Valdez,M&T Lab ATTESTED:A'r 'vftoy" MAWOO--,
-K.Guruwaya,Construction
-P.Edwards,Engineering Services DAVID TWA, Clerk of the Board of
-R.Hendry,Engineering Services Supervisors and County Administrator
Current Planning,Department of Conservation and Development
Shapell Homes
100 N.Milpitas Blvd.
Milpitas,CA 95035 By '"' , Deputy
Attn:Sam Worden
National Fire Insurance Company of Hanford Je
2395 E.Camelback Rd.,Suite 500
Phoenix,AZ 85016
Attn:Pamela L.Stocks
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 16, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho, Bonilla,
and Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/ ,z�0
SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful
performance, for Subdivision 05-08943, for project being developed by Shapell
Homes, a Division of Shapell Industries, Inc., a Delaware Corp., as recommended
by the Public Works Director, Danville area. (District III)
On November 27, 2007, this Board resolved that the improvements in Subdivision 05-
08943 were completed as provided in the Subdivision Agreement with Shapell Homes, a
Division of Shapell Industries, Inc., a Delaware Corp., and now on the recommendation of the
Public Works Director;
The Board hereby FINDS that the improvements have satisfactorily met the guaranteed
performance standards for the period following completion and acceptance. NOW THEREFORE
BE IT RESOLVED that the Public Works Director is AUTHORIZED to:
• REFUND the $35,600.00 cash deposit (Auditor's Deposit Permit No. 467741,
dated July 24, 2006) plus interest to Subdivision Agreement with Shapell Homes,
a Division of Shapell Industries, Inc., a Delaware Corp., in accordance with
Government Code Section 53079 (if appropriate), Ordinance Code Section 94-
4.406, and the subdivision agreement.
BE IT FURTHER RESOLVED that the warranty period has been completed and the
Subdivision Agreement and surety bond, Bond No. 929 390 922, dated July 12, 2006, issued by
National Fire Insurance Company of Hartford, are exonerated.
BB:Jc I hereby certify that this is a true and correct copy
G:\EtigSvc\BO\2008\12-16\SD05-08943 BO-60 FORM.docx of an action taken and entered on the minutes of the
Originator: Public Works(ES) Board of Supervisors on the date shown.
Contact: J.LaRocque(313-2315)
cc: Public Works -M.Valdez,M&T Lab
-K.Guruwaya,Construction ATTESTED: Ae10-&P"4gJ6•d//Ti '�p��
-P.Edwards,Engineering Services
-R.Hendry,Engineering services DAVID TWA, Clerk'of the Board of Supervisors
Current Planning,Department of Conservation and Development and County Administrator
Shapell Homes
100 N.Milpitas Blvd.
Milpitas,CA 95035
Attn:Sam Worden
National Fire Insurance Company of Hartford By � � , Deputy
2395 E.Camelback Rd.,Suite 500 �—T
Phoenix,AZ 85016
Attn:Pamela L.Stocks
RESOLUTION NO.2008/ .?4R7